Regulation 41: Admissions and Discharges Notifications to the Local Authority
The complete guide to Regulation 41 of the Children's Homes (England) Regulations 2015. Covers admission and discharge notifications to the host local authority, Regulation 41(2), the Regulation 52 / Schedule 5 short-break disapplication, required notification information and practical systems.
Regulation 41 ordinarily requires the registered person to notify the local authority for the area where the children's home is located, without delay and in writing, of every admission and every discharge of a child, subject to Regulation 41(2). Separately, Schedule 5 disapplies Regulation 41 for children who fall within the specific Regulation 52 short-break conditions. The notification must include the child's name and date of birth, their accommodation status under section 20 or 21 of the Children Act 1989, whether they are subject to a care or supervision order under section 31, contact details for the placing authority and independent reviewing officer, and details of any EHC plan or statement of special educational needs.
In this guide
- What Regulation 41 requires and who must be notified
- The placing authority exception and when it applies
- What information the notification must include
- How to build a reliable admission and discharge notification system
- The difference between Regulation 40 and Regulation 41 notifications
- Common mistakes and how to avoid them
- How Ofsted checks compliance with Regulation 41
- Practical tools for managers and providers
As at 22 August 2026, Regulation 41 of the Children's Homes (England) Regulations 2015 remains in force and unchanged. Regulation 41 ordinarily requires the registered person to notify the local authority for the area in which the home is located, without delay and in writing, of admissions and discharges, subject to Regulation 41(2). Separately, Schedule 5 disapplies Regulation 41 for children who fall within the specific Regulation 52 short-break conditions. The notification must state the child's name and date of birth, whether the child is provided with accommodation under section 20 or 21 of the Children Act 1989, whether the child is subject to a care or supervision order under section 31, the contact details for the child's placing authority and independent reviewing officer, and whether the child has an EHC plan or statement of special educational needs.
What Regulation 41 requires
Regulation 41 creates a specific, standalone notification duty that is separate from the Regulation 40 duty to notify Ofsted of serious incidents. It exists because the local authority for the area in which the home is located has a duty to safeguard and promote the welfare of all children living in its area, regardless of which authority placed the child. To discharge that duty, the host local authority needs to know which children are living in homes in its area.
Regulation 41(1) and (2)
Three elements define the duty. First, the recipient is the local authority for the area where the home is located, not Ofsted and not the placing authority. Second, the trigger is every admission and every discharge, with no threshold of seriousness, subject to Regulation 41(2) and the Regulation 52 / Schedule 5 short-break disapplication. Third, the timing is without delay, which in practice means as soon as practicable after the event.
Regulation 40 (Ofsted)
Regulation 41 (Local authority)
Who must be notified and when
The notification goes to the local authority for the area in which the children's home is located. This is sometimes called the host local authority or the area authority. It is the authority whose geographical boundary contains the home, not the authority that placed the child.
The most common mistake
The duty applies to every admission and every discharge. There is no de minimis threshold based on the seriousness of the event. Regulation 41 does not apply where the child falls within the specific Regulation 52 / Schedule 5 short-break conditions. This does not mean every respite or short stay is exempt; the exemption is narrow and applies only where the specific short-break conditions are met.
Admissions
An admission occurs when a child moves into the home and begins to be accommodated there. This includes planned admissions, emergency admissions, and transfers from other homes. The notification should be made as soon as practicable after the child arrives, and certainly within the same working day where possible.
Discharges
A discharge occurs when a child leaves the home and is no longer accommodated there. This includes planned discharges, emergency or unplanned discharges, and transfers to other homes. The notification should be made as soon as practicable after the child leaves.
What without delay means in practice
The placing authority exception
Regulation 41(2) provides a single, narrow exception. The registered person is not required to notify the host local authority if that local authority is also the placing authority for the child. The logic is that the placing authority already knows about the admission or discharge because it arranged the placement.
Regulation 41(2)
The exception applies only when the host local authority and the placing authority are the same body. If the home is in Authority A and the child was placed by Authority B, the exception does not apply and you must notify Authority A. If the home is in Authority A and the child was placed by Authority A, the exception applies and no Regulation 41 notification is needed.
If the placing authority has been informed of the admission or discharge, the host local authority does not need to be notified.
Only if the placing authority is the same body as the host local authority. If they are different authorities, the duty to notify the host local authority under Regulation 41 applies regardless of what the placing authority knows.
In practice, many homes notify the host local authority in all cases, including where the exception applies, because it creates a consistent routine and avoids the risk of missing a notification where the exception does not apply. This is a Hub practical recommendation, not a legal requirement. If you choose to rely on the exception, you should have a clear system for identifying which children fall within it and recording that decision.
What the notification must include
Regulation 41(3) specifies what the notification must state. The notification must be in writing and must include five categories of information about the child.
Regulation 41(3)
- Child's full name
- Child's date of birth
- Whether accommodated under section 20 (looked after) or section 21 (other provision) of the Children Act 1989
- Whether subject to a care or supervision order under section 31 of the Children Act 1989
- Contact details for the placing authority (name, phone, email)
- Contact details for the independent reviewing officer (name, phone, email)
- Whether the child has an EHC plan or statement of SEN
- If yes, the local authority responsible for the EHC plan or statement
- Date of admission or discharge
- Name of the children's home
Name and date of birth
The child's full legal name and date of birth must be included. If the child uses a preferred name or nickname, include both. Accuracy matters because the host local authority may need to cross-reference its records.
Accommodation under section 20 or 21
The notification must state whether the child is provided with accommodation under section 20 or section 21 of the Children Act 1989 and, separately, whether the child is subject to a care or supervision order under section 31. The home's authoritative placement/legal documents should be used to establish the child's status.
Care or supervision order
The notification must state whether the child is subject to a care or supervision order under section 31 of the Children Act 1989. This tells the host local authority whether the child is the subject of ongoing family court proceedings or orders.
Placing authority and IRO contact details
The notification must include contact details for both the placing authority and the independent reviewing officer appointed for the child's case. This allows the host local authority to contact the right people if it has safeguarding concerns or needs to coordinate services.
EHC plan or statement of SEN
The notification must state whether the child has an Education, Health and Care plan or a statement of special educational needs. If so, it must include details of the local authority with responsibility for the EHC plan or for maintaining the statement. This ensures the host local authority knows which authority is responsible for the child's educational provision.
Admission notifications in practice
The admission notification should be made as soon as practicable after the child arrives. For planned admissions, this is straightforward. For emergency admissions, the system must work at any time of day or night.
Planned admissions
For planned admissions, the placing authority will have provided most of the information required by Regulation 41(3) in advance. The notification can be prepared before the child arrives and sent on the day of admission. Confirm the child's legal status, IRO details, and EHC plan status from the referral information.
Emergency admissions
Emergency admissions are the highest-risk scenario for missing the Regulation 41 duty. A child may arrive late at night with incomplete information. Where an emergency admission occurs and information is temporarily unavailable, act without delay to obtain the required information and contact the host local authority promptly. Record the information gap and provide the missing information as soon as it is obtained. The statutory Regulation 41 notification itself requires the information specified in Regulation 41(3).
Situation
A 14-year-old child is placed in your home at 11pm on a Friday by a placing authority 50 miles away. The referral information is incomplete and does not include IRO details or EHC plan status.
What staff did
The on-call manager contacts the host local authority's out-of-hours or safeguarding email on Saturday morning to explain that an admission has occurred and that some required information is temporarily unavailable. A note is made of the information gap (IRO details and EHC plan status).
Why it matters
The duty is to notify without delay. Where information is temporarily unavailable, the home should act promptly, record the gap, and provide the missing information as soon as it is obtained. The statutory Regulation 41 notification itself requires the information specified in Regulation 41(3).
Better approach
The on-call manager contacts the host local authority on Saturday morning, records the information gap, and follows up with the placing authority on Monday for the missing IRO and EHC details. Once the required information is obtained, the complete Regulation 41 notification is sent. All contact and the information gap are recorded in the home's notification register.
Discharge notifications in practice
Discharge notifications are equally important. The host local authority needs to know when a child leaves the area so it can update its records and, if necessary, inform the receiving authority.
Planned discharges
For planned discharges, the notification can be prepared in advance and sent on the day the child leaves. Include the date of discharge and confirm the child's legal status and IRO details, which should be in the existing records.
Unplanned or emergency discharges
Unplanned discharges, including emergency moves or placement breakdowns, require the same notification as planned discharges. The notification should be made as soon as practicable after the child leaves. If the child is discharged to a different local authority area, the host local authority should be informed so it can liaise with the receiving authority if needed.
Discharge notification timing
Notification systems and records
A reliable Regulation 41 system is built on clear responsibility, consistent timing, and good records. The system must work for planned and emergency admissions, out-of-hours discharges, and staff changes.
Who is responsible
The registered person is legally responsible for the notification. In practice, the duty is usually delegated to the Registered Manager or a designated senior staff member. The system should specify who makes the notification, who covers absences, and who has authority to make decisions about the placing authority exception.
Timing and method
The notification must be in writing. Email is the most common method, but some local authorities have online portals or specific forms. Check with the host local authority what method it prefers. The system should include a target time for sending notifications, such as the same working day for planned events and within 24 hours for emergency events.
Recording notifications
Every Regulation 41 notification should be recorded in a notification register. The register should include the child's name, date of admission or discharge, the local authority notified, the method and date of notification, and confirmation of receipt where possible.
- Is there a named person responsible for Regulation 41 notifications?
- Is there a deputy for absences?
- Does the system work out of hours?
- Is the host local authority's preferred contact method known?
- Is there a notification register?
- Does the register record every admission and discharge?
- Are decision records kept for the placing authority exception?
- Is the system tested regularly?
- Are staff trained on the duty?
- Is the system reviewed after any missed notification?
- Child's name and date of birth
- Date of admission or discharge
- Type of event (admission or discharge)
- Host local authority notified
- Method of notification (email, portal, form)
- Date and time notification sent
- Whether the placing authority exception applied
- Confirmation of receipt (where available)
- Any follow-up notifications sent
- Staff member who made the notification
Relationship with other notification duties
Regulation 41 is one of several notification duties in the Children's Homes Regulations. Understanding how it fits with the others helps avoid gaps and duplication.
Regulation 40 (Ofsted)
Regulation 41 (Host local authority)
Regulation 40 connection
Regulation 40 and Regulation 41 are separate duties with different recipients and different triggers. An admission or discharge is not usually a serious incident for Regulation 40 purposes, but it may be if the admission or discharge itself involved a serious event. For example, an emergency admission following a serious incident at a previous placement may trigger both a Regulation 40 notification to Ofsted and a Regulation 41 notification to the host local authority.
Regulation 44 and 45 connections
As a matter of CHH practical governance guidance (not a specific statutory duty), the Regulation 44 independent visitor and the Regulation 45 quality of care review may both provide useful oversight of the home's notification practice. The independent visitor may review the notification register during monthly visits, and the six-monthly quality of care review may examine whether notifications are being made correctly and on time.
Placing authority notifications
Separate from Regulation 41, the home should notify the placing authority of significant events affecting the child, as agreed in the placement plan. This is a contractual and care-planning duty, not a regulatory one. Do not confuse it with the Regulation 41 duty to the host local authority.
Common mistakes and misunderstandings
Regulation 41 is one of the most frequently misunderstood notification duties. The following are genuine misconceptions that the current legal position corrects.
Regulation 41 notifications go to Ofsted.
Regulation 41 notifications go to the local authority for the area in which the home is located. Regulation 40 notifications go to Ofsted. They are separate duties with different recipients.
If the placing authority knows about the admission or discharge, the host local authority does not need to be notified.
Only if the placing authority is the same body as the host local authority. If they are different authorities, the duty to notify the host local authority applies regardless of what the placing authority knows.
Emergency admissions do not need to be notified until the next working day.
The duty is to act without delay. Where required information is temporarily unavailable, contact the host local authority promptly, urgently obtain the missing information and record the gap. A statutory Regulation 41 notification must contain the information specified in Regulation 41(3).
Short stays or respite placements do not need to be notified.
Regulation 41 applies to every admission and every discharge, with no de minimis threshold. However, Regulation 41 does not apply where the child falls within the specific Regulation 52 / Schedule 5 short-break conditions. This does not mean every respite or short stay is exempt; the exemption is narrow and applies only where the specific short-break conditions are met.
If the child is already known to the host local authority, no notification is needed.
The duty ordinarily applies regardless of the host local authority's prior knowledge of the child, subject to Regulation 41(2) and the Regulation 52 / Schedule 5 short-break disapplication.
A phone call satisfies the requirement to notify in writing.
Regulation 41(3) requires the notification to be in writing. A phone call may be useful as a courtesy, but the formal notification must be written, typically by email or online form.
Ofsted scrutiny and management oversight
Although Regulation 41 notifications go to the host local authority rather than Ofsted, Ofsted inspectors may examine compliance with notification duties and relevant records where this is relevant to their inspection lines of enquiry.
What inspectors look for
Management oversight
The Registered Manager should review the notification register regularly to confirm that every admission and discharge to which Regulation 41 applies has been notified. Any missed notifications should be identified, sent retrospectively, and the system adjusted to prevent recurrence.
Responsible Individual oversight
As a matter of CHH practical governance guidance (not a specific statutory duty), the Responsible Individual may include Regulation 41 compliance in their oversight of the home. The Regulation 44 independent visitor may also review the notification register during monthly visits. A pattern of missed notifications may indicate a systemic weakness that needs management attention.
Child-centred questionIf a child arrives in your home, does the local authority where they now live know they are here? If a child leaves your home, does the local authority know they have gone? These are not administrative questions. They are safeguarding questions. A child who is not known to the local authority where they live is a child whose welfare is harder to protect.
Tools and audit
The following tools bring together the guidance in this resource. They are Hub practical recommendations for building and auditing a reliable Regulation 41 notification system.
- Confirm the child's full name and date of birth
- Confirm whether the child is accommodated under section 20 or 21
- Confirm whether the child is subject to a care or supervision order
- Obtain placing authority contact details
- Obtain IRO contact details
- Check whether the child has an EHC plan or statement of SEN
- If yes, identify the responsible local authority
- Determine whether the placing authority exception applies
- If not, prepare the notification with all required information
- Send the notification to the host local authority
- Record the notification in the register
- Confirm the child's full name and date of birth
- Confirm the child's current legal status
- Confirm placing authority and IRO contact details
- Confirm EHC plan or statement of SEN status
- Determine whether the placing authority exception applies
- If not, prepare the notification with all required information
- Send the notification to the host local authority
- Record the notification in the register
- Update the child's records to show discharge
- Confirm the child's belongings, medication and documents have been transferred
- Child's name and date of birth
- Date of admission or discharge
- Name of the placing authority
- Name of the host local authority
- Confirmation that the placing authority and host local authority are the same body
- Decision made by (name and role)
- Date of decision
- Reason for relying on the exception
- There is a named person responsible for Regulation 41 notifications
- There is a deputy for absences
- The host local authority's preferred contact method is known and recorded
- There is a notification register tracking all admissions and discharges
- Staff establish whether the child falls within the specific Regulation 52 / Schedule 5 short-break conditions before treating Regulation 41 as applicable
- Where Regulation 41(2) applies, decision records are kept showing the basis for any exception
- The system works out of hours and for emergency admissions
- Staff are trained on the duty and know who to contact
- The register is reviewed regularly by the Registered Manager
- The Responsible Individual includes Regulation 41 in oversight
- Missed notifications are identified and sent retrospectively
- The system is reviewed after any missed notification
- The system is tested at least annually
For guidance on the broader framework of Ofsted notifications and serious incident reporting, see the Hub's companion guide to Regulation 40.
Regulation 40: Serious Incident Notifications to Ofsted
The companion guide to this resource, covering the separate duty to notify Ofsted of serious incidents under Regulation 40, including what counts as serious, how to notify, and how to build a reliable system.
Regulation 44: Independent Visits to Children's Homes
How the monthly independent visitor provides oversight of the home, including its notification practice and response to admissions and discharges.
Regulation 45: Review of Quality of Care
How the six-monthly quality of care review examines patterns and outcomes, including compliance with notification duties.
Children's records and Regulation 36
How children's case records are kept, including records of admissions, discharges and notifications.
Regulation 13: Leadership and Management
How leadership and management standards apply to notification systems and regulatory compliance.
Key takeaways
- 01Regulation 41 requires notification to the host local authority, not Ofsted
- 02Every admission and every discharge must ordinarily be notified without delay, subject to Regulation 41(2)
- 03Schedule 5 disapplies Regulation 41 for children within the specific Regulation 52 short-break conditions
- 04Notifications must be in writing and include the information specified in Regulation 41(3)
- 05A reliable system must work for emergency admissions and out-of-hours discharges
- 06Regulation 41 is often confused with Regulation 40, but they serve different purposes
- 07Records of notifications should be kept and reviewed regularly
Related resources
Guides and tools that connect to this one.
Regulation 14: The Care Planning Standard: Referrals, Matching, Placement Plans, Reviews, Stability, Transitions and Positive Endings
A practical guide to Regulation 14 for children's homes in England, covering care plans and placement plans, the Statement of Purpose as the first adm…
Commissioning, Contracts and Local Authority Relationships for Children's Homes
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The Information Sharing Duty: What Children's Homes Need to Know from 30 September 2026
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Preparing for Ofsted Inspection: Understanding the SCCIF for Children's Homes
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What to do next
Sources and further reading
This guidance references the following official sources. Always consult the underlying legislation and official guidance where appropriate.
Statutory guidance
Department for Education · Statutory Guidance · Regulation 40
Accessed 2026-08-11
Department for Education · Statutory Guidance · Regulation 19
Accessed 2026-08-11
Department for Education · Statutory Guidance · Regulation 21
Accessed 2026-08-11
Guide to the Children's Homes Regulations including the Quality Standards (Department for Education) — contact and communication guidance, placement-plan inclusion of contact arrangements and contact details, personal mobile phones and backup alternatives, broad forms of contact including visits/letters/emails/texts/social media, and restricting contact should not be taken lightly
Department for Education · Statutory Guidance
Accessed 2026-08-11
Ofsted guidance
About this guidance
The Children's Home Hub aims to make regulatory and operational information easier to understand and use. This page is an independent summary and does not replace the underlying legislation, statutory guidance or official Ofsted guidance. Where a topic has legal or regulatory implications, you should consult the original sources listed above and seek professional advice where appropriate.